Release from custody (O.R. and Bail)

In general, when somebody is arrested for an infraction or misdemeanor, they may be let off with a citation founded upon their pledge to appear. Things are different when it comes to felonies or “wobblers.” (Wobblers are cases that can be charged as either felonies or misdemeanors.) In those cases, while it is probable to be let off on their own recognizance, a bail hearing may be necessary.

Each county has a bail timetable and bail hearing, which lists the bail that applies to each different case. It is likely to get that amount reduced, depending on the crime that is charged, and the history of each defendant. The court will think about such factors as the gravity of the offense, the defendant’s criminal record, and if the defendant is a flight risk.

Bail may be posted directly with the court clerk or police force agency having custody of the defendant, or a bail bondsman may be needed. In general, a bail bondsman will want a cost of 10% of the amount of the bail. This cost belongs to the bondsman; you will not get it refunded. The bail bondsman will also need collateral to obtain the bond.

A skilled Riverside DUI defense attorney can be accommodating in getting bail cut, or helping a defendant be let off on his or her own recognisance.

If you have a query about someone’s bail, you can contact a California DUI criminal defense legal representative Darren T. Kavinoky right now.

The Criminal Process

What is the process get to trial in a misdemeanor case? What is the procedure in a felony case? What is a preliminary hearing?

When a person is arrested for DUI in Riverside, the criminal process will show a discrepancy, depending on whether they are charged with a misdemeanor or a felony. A misdemeanor case is one where the furthermost sentence is one year in county jail, a fine, or a combination of detention and a fine. In a felony case, the punishment is much more difficult, and can include incarceration in state prison, or in some serious cases, death.

In a misdemeanor case, the primary appearance is called the arraignment. The main purpose of the arraignment is for the accused to come into a plea. If the incriminated pleads not guilty, the case is scheduled for pre-trial conferences and then trial. A conviction needs 12 jurors to concur that the accused is guilty beyond a reasonable doubt.

In felony cases, the opening appearance is the arraignment. After That, the case is set for a preliminary hearing. A preliminary hearing is a hearing in front of a judge (not a jury), where the judge hears to the proof of witnesses and decides whether there is sufficient evidence to make the defendant stand trial.

If the judge decides that there is enough evidence for the accused to be brought to trial, the defendant has a new arraignment, pre-trial conferences, and then trial. A conviction calls for 12 jurors to agree that the incriminated is guilty beyond a reasonable doubt.

If you or someone you care about is involved in the criminal process, you can call Darren T. Kavinoky, a Los Angeles DUI Trial Lawyer for a free consultation about the case.

Non-Criminal Criminal Prosecutions (D.M.V. and Specialized Licensing)

Can a criminal conviction influence my driver’s license? What about my specialized license?

It depends. Certain types of criminal convictions can lead to the suspension or revocation of your driver’s license. The most widespread example of this is the DUI case in Riverside. Other types of cases, such as drug cases, can affect your driver’s license too.

A trained criminal defense lawyer can help you avoid any problems with your driver’s license if you have been accused of a crime.

A criminal conviction can also affect a person’s capability to get or keep nearly every professional license that is regulated by the state. Some professions need that the crime be related to the duties of the profession before the license will be affected; others simply want the crime to be one of “moral turpitude.”

There are many elements at work for the professional who is accused of crime; it is vital that the advice of a competent, creative, and insightful defense lawyer be considered, since a conviction can have ramifications far beyond the case itself. Contact Darren T. Kavinoky, a Southern California DUI Trial Lawyer for a free and confidential case evaluation.

Sentencing Choices

What choices are there to jail or prison for someone who has been convicted of a crime?
There are many. Consultation with a criminal defense lawyer is very useful to properly work out which is the best in a given case.

Choices to jail include alcohol and drug rehabilitation and sober living environments, electronic watching and house arrest, work release and work furlough, community service, Cal-Trans work, graffiti removal, and many more. There are pros and cons to each, and a experienced criminal defense trial lawyer can help you decide which is best.

Creating the winning sentencing alternative requires through analysis and preparation. It helps to work with a lawyer who will take the time to get to know you personally, and have your best interests at heart.

If you or somebody you care about has any questions about sentencing, you can reach Darren T. Kavinoky, a California DUI trial lawyer and have a free consultation with an attorney who cares.

Prior convictions

Can my prior convictions be used against me?

That depends on what they are and when they happened. This is a difficult question, and is definitely a situation where consultation with a criminal defense trial lawyer is important.

For California’s 3-strikes law, a person’s prior convictions can noticeably have an effect the amount of time a person can be sentenced to serve in state prison. There is a part that will provide more information about 3-strikes laws.

Prior DUI convictions can also have a dramatic influence on the punishment for a later D.U.I. conviction. There is a piece of this site that will provide more information on DUI cases.

Prior convictions can affect many issues in a criminal case, from bail to sentencing. If you or someone you care about needs suggestion about a case involving a prior conviction, contact Darren T. Kavinoky, a Los Angeles DUI attorney for a free consultation.

Probation Violations

I’m on probation, and was just arrested for a new case. What do I do now? Will the old case find out about the new one?

This is a delicate situation, and the finest method depends on many factors. You must discuss this type of situation with a criminal defense trial lawyer who can best stand for your interests in both the new case and the probation violation case.

To schedule a free confidential consultation with legal representative Darren T. Kavinoky, Southern California DUI lawyer.

Expunging Convictions

Is there anything that I can do to clean my criminal record?

Absolutely. A criminal record can hold a person back from getting jobs or promotions they ought to have, getting into schools, or just moving on in life, and feeling like they have closed the door on a chapter of the past.

Misdemeanors can be dismissed, and a judgment of not guilty entered. Felonies can be cut to misdemeanors, and then dismissed. It may also be possible to receive a certificate of rehabilitation and a pardon.

For further information about expungements, or to contact Darren T. Kavinoky, a California DUI attorney for a free confidential consultation about cleaning up your record.

Confidentiality

Can you keep a secret?

Absolutely. I know that I can’t aid you if you can’t believe me with the truth. A criminal defense attorney’s job is to help the accused, to make sure that no one is convicted unless the prosecution proves each and every part of the crime charged beyond a reasonable doubt. A criminal prosecution is a serious situation, and if you stand accused, you need serious assist.

For a confidential consultation with an attorney who cares, you can reach attorney Darren T. Kavinoky, Southern California DUI Trial Lawyer.